SENATE JOURNALS - Wednesday, March 1, 2000

State of Rhode Island and Providence Plantations

Journal of the Senate
JANUARY SESSION of the General Assembly begun and held at the State House in the City of Providence on Tuesday, the fourth day of January in the year of Our Lord two thousand.

Volume 127, No. 19 Wednesday, March 1, 2000 Nineteenth Day

The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Charles J. Fogarty, at 4:18 o'clock P.M.

The roll is called and a quorum is declared present with 48 Senators present and 2 Senators absent as follows;

PRESENT 48: Senators Algiere, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

ABSENT - 2: Senators Alves, Damiani.

INVOCATION

His Honor, the Lieutenant Governor, by unanimous consent, presents Senator Felag, to deliver the invocation.

(See Appendix for Invocation)

PLEDGE OF ALLEGIANCE TO THE FLAG

His Honor, the Lieutenant Governor, by unanimous -'consent, presents Senator Felag, to lead the Senate in the pledge of allegiance to the flag.

APPROVAL OF RECORD

The Senate Journal of Tuesday, February 29, 2000 proceedings is read in part.

Upon suggestion of Senator Enos, and by unanimous consent, further reading of the Journal is dispensed with and the Journal approved as recorded.

APPOINTMENTS BY THE GOVERNOR

His Honor, the Lieutenant Governor, presents the following communication from His Excellency, the Governor, transmitting the following appointments and requesting the advice and consent of the Senate thereto:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS EXECUTIVE CHAMBER, PROVIDENCE

Lincoln Almond
Governor

March 1, 2000 To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 48-16.1-2 of the Rhode Island General Laws, I have made the following reappointment to the Water Resources Board:

Richard 0. Rafanovic,P.E. of Providence
(Public Water Systems Member)

for a term expiring March 1, 2003.

To this reappointment, I respectfully request your advice and consent.

Sincerely,

LINCOLN ALMOND
Governor

Read and referred to the Committee on Judiciary.

Also:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS EXECUTIVE CHAMBER, PROVIDENCE

Lincoln Almond
Governor

March 1, 2000

To the Honorable, the Senate; I have the honor to inform you that in accordance with the provisions of Section 46-15.1-2 of the Rhode Island General Laws, I have made the following reappointment to the Water Resources Board:

Daniel W. Varin of Providence
(Public Member)

for a term expiring March 1, 2003.

To this appointment, I respectfully request your advice and consent.

Sincerely,

LINCOLN ALMOND
Governor

Read and referred to the Committee on Judiciary.

Also:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS EXECUTIVE CHAMBER, PROVIDENCE

Lincoln Almond
Governor

March 1, 2000

To the Honorable, the Senate;

I have the honor to inform you that in accordance with the provisions-of Section 42-76-2 of the Rhode Island General Laws, I have made the following reappointment to the Rhode Island State Council on the Arts:

Rose Weaver of Providence for a term expiring March 1, 2003.

To this appointment, I respectfully request your advice and consent.

Sincerely,

LINCOLN ALMOND
Governor

Read and referred to the Committee on Judiciary.

FROM THE

HOUSE OF REPRESENTATIVES

A message from the House of Representatives transmits with announcement of passage:

(2000-H 6942 as amended) Joint Resolution urging cities and towns to create municipal cancer control task forces.

Read and referred to the Committee on Health, Education and Welfare.

NEW BUSINESS

The following item s are received and referred to committee pending any objection of the body on the next legislative day.

Senator Enos presents (00-S 2812) An Act providing for improvements to its water system by the Stone Bridge Fire District and authorizing the financing thereof, including the issuance of not more than $262,500 in bonds therefor.

Read and referred to the Committee on Corporations.

Without objection, the following acts are introduced after the deadline.

Senators Sasso and Paiva Weed present (00-S 2813) An Act relating to divorce and separation.

Read and referred to the Committee on Judiciary.

Senator Issa presents (00-S 2814) An Act relating to businesses and professions immunity from civil liability to architects, engineers, land surveyors and landscape architects.

Read and referred to the Committee on Judiciary.

Senators McDonald and Sosnowski present (00-S 2815) An Act relating to criminal offenses -weapons.

Read and referred to the Committee on Judiciary.

Senators Irons, Revens, Breene, Cote and Fogarty present (00-S 2816) An Act relating to insurance.

Read and referred to the Committee on Corporations.

COMMUNICATION

His Honor, the Lieutenant Governor, presents the following communication:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS SENATE CHAMBER

STATEMENT OF POTENTIAL CONFLICT

To the Honorable Senate:

I, Dennis L. Algiere, under oath depose and say:

1. I am a duly elected member of the Rhode Island Senate.

2. This statement is made in accord with Rhode Island General Law section 36.14-6.

3. In my official capacity, I may be expected or required to vote or participate in the deliberations of bill (00-S 2323), now pending before the Senate or a committee thereof.

4. I request that I be excused from voting, deliberating or taking action on the matter.

6. I do not desire to vote or deliberate because I have a conflict of interest as follows.

I am an employee of The Washington Trust Company.

6. This statement is true to the best of my knowledge. DENNIS L. ALGIERE

Senator District 26 Subscribed and sworn to before me this 1st day of March, 2000.

JEFFREY A. LANPHEAR
Notary Public

Ordered to be placed on file.

CALENDAR

In order for the day is taken up as follows:

1. (00-S 2323) An Act relating to financial institutions.

Committee on Corporations recommends passage.

Senator Breene moves passage, seconded by Senators Flynn and Patterson.

The act is read and passed, by unanimous consent, upon a roll call vote with 42 Senators voting in the affirmative, 0 Senators voting in the negative and 1 Senator abstaining as follows:

YEAS - 42: Senators Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, DaPonte, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walsh, Walton.

NAYS -0. ABSTAINED - 1: Senator Algiere.

COMMUNICATION

His Honor, the Lieutenant Governor, presents the following communication:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS SENATE CHAMBER

STATEMENT OF POTENTIAL CONFLICT

To the Honorable Senate:

I, Dennis L. Algiere, under oath depose and say:

1. I am a duly elected member of the Rhode Island Senate.

2. This statement is made in accord with Rhode Island General Law section 36-14-6.

3. In my official capacity, I may be expected or required to vote or participate in the deliberations of bill (00-S 2324), now pending before the Senate or a committee thereof.

4. I request that I be excused from voting, deliberating or taking action on the matter.

6. I do not desire to vote or deliberate because I have a conflict of interest as follows. I am an employee of The Washington Trust Company.

6. This statement is true to the best of my knowledge.

DENNIS L. ALGIERE
Senator District 26

Subscribed and sworn to before me this 1st day of March, 2000.

JEFFREY A. LANPHEAR
Notary Public

Ordered to be placed on file.

CALENDAR

2.(00-S 2324 as amended) An Act relating to financial institutions- licensed activities.

Committee on Corporations recommends passage as amended.

Senator Breene moves passage, seconded by Senators Flynn and Patterson.

Senators Breene, Sasso and Irons discuss the act.

The act is read and passed, as amended, by unanimous consent, upon a roll call vote with 44 Senators voting in the affirmative, 0 Senators voting in the negative and 1 Senator abstaining as follows:

YEAS - 44: Senators Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0. ABSTAINED - 1: Senator Algiere.

COMMUNICATION

His Honor, the Lieutenant Governor, presents the following communications:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS SENATE CHAMBER

STATEMENT OF POTENTIAL CONFLICT

To the Honorable Senate:

I, Dennis L. Algiere, under oath depose and say:

1. I am a duly elected member of the Rhode Island Senate.

2. This statement is made in accord with Rhode Island General Law section 36-14-6.

3. In my official capacity, I may be expected or required to vote or participate in the deliberations of bill (00-S 2332), now pending before the Senate or a committee thereof.

4. I request that I be excused from voting, deliberating or taking action on the matter.

5. I do not desire to vote or deliberate because I have a conflict of interest as follows.

I am an employee of The Washington Trust Company.

6. This statement is true to the best of my knowledge.

DENNIS L. ALGIERE

Senator District 26

Subscribed and sworn to before me this 1st day of March, 2000.

JEFFREY A. LANPHEAR
Notary Public

Ordered to be placed on file.

Also:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS SENATE CHAMBER

STATEMENT OF POTENTIAL CONFLICT

To the Honorable Senate:

I, Paul S. Kelly, under oath depose and say:

1. I am a duly elected member of the Rhode Island Senate.

2. This statement is made in accord with Rhode Island General Law section 36-14-6.

3. In my official capacity, I may be expected or required to vote or participate in the deliberations of bill (00-S 2332 as amended), now pending before the Senate or a committee thereof.

4. I request that I be excused from voting, deliberating or taking action on the matter.

5. I do not desire to vote or deliberate because I have a conflict of interest as follows. I am a financial consultant dealing with the provisions.

6. This statement is true to the best of my knowledge. PAUL 5. KELLY

Senator District 30

Subscribed and sworn to before me this 1st day of March, 2000.

RAYMOND T. HOYAS, JR.
Notary Public

Ordered to be placed on file.

CALENDAR

3.(00-S 2332) An Act relating to financial institutions- lenders and loan brokers.

Committee on Corporations recommends passage.

Senator Breene moves passage, seconded by Senator Flynn.

The act is read and passed, by unanimous consent, upon a roll call vote with 44 Senators voting in the affirmative, 0 Senators voting in the negative and 2 Senators abstaining as follows:

YEAS 44: Senators Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0. ABSTAINED - 2: Senators Algiere, Kelly.

4.(00-S 2340 as amended) An Act relating to public utilities and carriers - taxicabs.

Committee on Corporations recommends passage as amended.

Senator Blais moves passage, seconded by Senator Breene.

The act is read and passed, as amended, by unanimous consent, upon a roll call vote with 47 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 47: Senators Algiere, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Iglioz::i, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

ANNOUNCEMENTS

Senator Irons announces that the Committee on Corporations will meet on Thursday, March 2, 2000, at the rise of the Senate in Room 212 of the State House.

Also:

Senator Lenihan announces that the Committee on Finance will meet on Thursday, March 2, 2000, at the rise of the Senate in Room 211 of the State House.

Also:

Senator Paiva Weed announces that the Committee on Judiciary will meet today on Thursday, March 2, 2000, at the rise of the Senate in Room 313 of the State House.

TRANSMITTAL

By unanimous consent, all matters on the Clerk's desk are ordered to be transmitted to His Excellency, the Governor or to the Honorable House of Representatives forthwith.

ADJOURNMENT

Upon motion of Senator Kelly, seconded by Senator Algiere, the Senate adjourns at 4:32 o'clock P.M.

RAYMOND T. HOYAS, JR.
Clerk of the Senate

Appendix

INVOCATION
SENATOR WALTER 5. FELAG, JR.
Heavenly Father, we ask that You guide Thy servants who sit in this chamber, whose judgments share in determining our state's destiny. May any decisions we make in behalf of our constituents be derived only from Your Truth and Wisdom.

Appendix

CALENDAR

In order for Thursday, March 2, 2000:

1. (00-S 2121) An Act relating to criminal offenses assaults.

Committee on Judiciary recommends passage.

2.(00-S 2150) An Act relating to title to real estate trusts.

Committee on Judiciary recommends passage.

3.(00-S 2215) An Act relating to state affairs and government.

Committee on Judiciary recommends passage.

4.(00-S 2244) An Act relating to uniform premarital agreement act.

Committee on Judiciary recommends passage.

5.(00-S 2248) An Act relating to powers of attorney.

Committee on Judiciary recommends passage.

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Wednesday, March 1, 2000

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